PS: if you think about it, the model I suggest is basically how the deregulated airline industry works and there's far less complaints about competition (or lack thereof) in air than there is in rail.
Expanding: Just think about it - RyanRail cold come in and offer "London to Bristol" but run from Ealing to Parkway rather than Paddington to Temple Meads, maybe by bidding for a path via a different and less congested route than the GWML, and then offering lower fares than the incumbent.
PPS: in theory, at present there is competition between my home station Nottingham and London - either on EMT vianthe MML direct, or EMT to Grantham and then EC via the ECML to London. Both routes can be travelled in broadly the same time. However, there is effectively no competition. Fare revenue is split via ORCATS so service differentiation offers very little incentive to differentiate. For example,EMT have no incentive to offer food with their first class fares to compete with EC, because most passengers will travel with EMT anyway even if they knew they had a choice of TOCs and routes. If EC cold freely run to Nottingham, offer a better product at a lower price and market that tomcustomers,mand if passengers were required to buy TOC specific tickets and excess if they changed their minds, things might change. At present there is meant to be competition but in effect there is little to none even where it is meant to exist. Only when the industry is freed from the straight jacket of franchises and allowed to operate where it wants and provide the service it believes passengers want (whilst unprofitable operations are protected and where appropriate subsidised) will true competition arrive in the rail industry.
Andy
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Right now you can buy a ticket that can be used on any ToC.
Under your suggestion, you would be forced to choose a ToC when you buy the ticket.
And you can't see why that is a bad thing for the passenger?
No... Tickets could still work on any operator - passengers would be told that if they changed their minds they MAY have to excess to that other operators fare. Or if you like (varying my original suggestion) an "any permitted" could be offered that would be the highest of competing TOCs fares, and TOCs could be awarded all of the fare rather than being subject to ORCATS split if they gripped the ticket (maybe complex now but much easier once national smart card ticketing and electronic checks on them comes in).
Andy